Planning Board OKs plan for apartments under airport glide path

A new apartment community across University Parkway from Sarasota-Bradenton International Airport has taken a significant step toward approval, and this time the airport is powerless to stand in the way of Progress.

At its Dec. 14 meeting, the Sarasota Planning Board unanimously recommended approval of a site plan for Progress at University, a 280-unit complex at 1400 DeSoto Road. The developer is MMI Development of Orlando.

The 16.5-acre site is adjacent to the former Sarasota Kennel Club, where the City Commission recently approved Aventon Sarasota, a 372-unit complex. 

The airport is mounting a legal challenge to that approval, which is being partially developed beneath the 65 decibel day-night average sound level contour but can do nothing to prevent Progress at University, which is wholly beneath the glide path and the noise contour.

The difference is the Progress at University site was approved for rezoning in 2011 for a different project — a Habitat for Humanity condominium plan — and by state law, it can be developed by right providing density does not exceed that which was previously approved. 

Plus, that approval occurred years before the city and the airport entered into an agreement that in part disallows residential development beneath the noise contour, unless it "must" do so. How "must" is legally interpreted is at the heart of the airport's case regarding Aventon. 

One resident of the neighboring Tri-Par Estates cited that agreement as a reason the apartments should not be allowed.

“This one is a little different situation. I wish it weren't so,” said Dan Bailey, the airport’s general counsel. "I wish everything that he said was true. Because it's already zoned for 280 units, and it’s addressed in your comp plan specifically for this property, I fear that the airport is not in a position to do anything about it.”

Photo by Andrew Warfield

The airport’s only leverage applies to FAA standards regarding construction techniques that mitigate noise inside the apartments, structure height and retention pond design that discourages wading birds, specifically including steep banks and fountains.

Representatives of MMI said the company has extensive experience developing apartments near airports and understands compliance with FAA and noise attenuation regulations. 

The development has no provision for affordable or attainable housing units, but the Planning Board was in general agreement that the proximity to the airport will govern rents near the workforce attainable level.

With the Planning Board’s recommendation, Progress at University next goes before City Commission for approval.